Illinois Law Will Require In-Person Initial Exams for Orthodontic Treatment

Edited by Orthotown staff

An initial examination for orthodontia must be performed in person under a new Illinois law, which states that such an examination “shall be performed in person only.” Senate Bill 3211 was approved as Public Act 104-0845 on Aug. 21 and takes effect Jan. 1, 2027.

The act amends the teledentistry section of the Illinois Dental Practice Act. It permits an initial examination for a new patient to be conducted remotely in some circumstances, provided the authorizing Illinois-licensed dentist establishes a bona fide dentist-patient relationship by reviewing the patient’s medical and dental history and verifying both identity and physical location to confirm care is being delivered inside the state.

Orthodontia is excluded from that allowance, as are sleep apnea treatment, snoring treatment, and the functional and cosmetic replacement or treatment of teeth.

A second provision reaches treatment already under way. The law requires an in-person clinical examination immediately before a dentist provides or authorizes any service that is not reversible or that otherwise results in increased risk to the patient. For ongoing dentist-patient relationships, the act directs dentists to have patients seen in person at least annually.

Remote encounters that remain permissible are narrowly defined. An initial screening conducted through teledentistry may assess whether a patient is suitable for treatment at a dental facility, or evaluate acute pain, infection, injury, or an intraoral or perioral condition presenting immediate harm or discomfort for which treatment cannot be postponed. Patients seen remotely must be directed to in-person care afterward.

The act also requires informed consent on a form stating that a teledentistry interaction is not equivalent to an in-person clinical examination, and makes it a violation to require a patient to sign an agreement limiting their ability to write a review or file a regulatory complaint.

Sen. Michael E. Hastings led the bill in the Senate with 22 co-sponsors. Rep. Robert “Bob” Rita led it in the House, joined by Reps. Jay Hoffman, Natalie A. Manley, and Barbara Hernandez.

The Illinois Department of Financial and Professional Regulation is directed to write implementing rules, including minimum technology standards for teledentistry.

Sources:
Illinois General Assembly, Public Act 104-0845, full text: ilga.gov/Legislation/PublicActs/View/104-0845
Illinois General Assembly, SB 3211 bill status and sponsor history, 104th General Assembly: ilga.gov/Legislation/BillStatus/SB3211